Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Plea that prosecution case is liable to be disbelieved merely on account that no blood samples were taken from clothes of eye-witnesses - Plea held, not tenable as omission on part of investigation is not so material so as to be fatal to prosecution case in view of statements of eye-witnesses..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25 -- Murder - Contradictory statement of PW2 - Would not be so material a difference so as to discard prosecution case in view of specific and conclusive identification by both eye-witnesses to the incident with regard to identity of accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 506, 148, 149, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 302, 506, 148, 149 IPC and S.25 Arms Act - No purpose would be served by holding the trial because role of petitioner is identical to role of acquitted accused - However, it cannot be denied that petitioner is..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302, 307, Arms Act, 1959, Section 3, 25 -- Bail during pendency of appeal against conviction - Claim on the ground of parity - Murder - Co-accused granted bail, as he was above 80 years - However, present accused persons were carrying a double barrel gun and country made pistol respectively and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 506, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 307, 506, 34 IPC and S.25 of Arms Act - Complainant and one injured have been examined - Out of two more injured, one is out of country and other is resident of UP and is not coming forward for getting their statements recorded - Bail..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25(1b)(a), 26 -- Bail - Grant of bail with condition that accused be released after completion of nine months of custody - However, no reason whatsoever furnished by High Court for issuing direction for deferment of bail by a period of nine months - Such direction is unsustainable, thus set aside - Accused..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 452, 120B, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 452, 120B IPC and S.25 Arms Act - Petitioner has been falsely implicated and only allegation against him is that he was keeping vigil outside but there is no evidence of it and this conclusion has also been drawn from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 34, Arms Act, 1959, Section 25 -- Bail - Offence u/s 307, 34 IPC and S.25 Arms Act - Main accused misused petitioner by taking him along on motorcycle on some false pretext - Petitioner was not aware that main accused would commit some crime as alleged in FIR - Motorcycle recovered from..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 148, 341, 216, 149, Arms Act, 1959, Section 25 -- Bail - Offence u/ss 302, 307, 148, 341, 216, 149 IPC and S.25 Arms Act - No recovery effected from petitioner - Even, there is no eye witness account - All material witnesses have been examined - Trial may take time to conclude -..........
Indian Penal Code, 1860, Section 302, 394, 449, 34, Arms Act, 1959, Section 25, 27 -- Tripple murder case - Robbery - Delay in arrest of accused despite clear knowledge of whereabouts of accused casts a serious shadow of doubt over prosecution case...........
